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Effective Date: 7th February, 2017
The Service is intended for users at least of the age of majority where they reside and access the Service ("Age of Majority"), with the exception of any specially designated children's or kid's area we may offer from time-to-time ("Children's Area"), which will be for all ages. We do not promote the Service in children's media, other than the Children's Area specifically. Although this is a Canadian service, we will treat the Children's Area as required by the U.S. Children's Online Privacy Protection Act ("COPPA"). The rest of the Service will be as a general audience service under COPPA, and is targeted to the trade and parents and other adult consumers. We do not intend to collect personal information as defined by COPPA ("Children's Personal Information") that would require verified parental consent or otherwise in a manner that is not permitted by COPPA. However, consistent with COPPA, we, and Third-party Services (defined below) that may be associated with the Children's Area (e.g., analytics vendors), may collect IP address and other unique identifiers of visitors to support the internal operations of the Service or a Third-party Service. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove or otherwise treat such data as required by COPPA.
As a best practice we may age gate certain functionality or content outside of the Children's Area or segregate certain functionality or content into designated parent or other sections of the Service. For instance, YouTube video links can be submitted to us for consideration for promotion behind such an age gate. Further, the parent's section of the service, which is clearly designated for parents (but does not have an age gate), may include social media plug-ins, may otherwise collect PII (defined below), and may link off to sites and services not intended for children (e.g., Facebook). Parents should not enable or allow their children to view or use the general audience sections of the Service, including without limitation the parent's section or any age gated content or functionality.
Ganz is the "operator" of the Service as such term is defined by COPPA, and may be contacted regarding COPPA matters as set forth in Section 12, below. Third-party Services may operate cookies associated with the Children's Area of the Service such as Google Analytics.
As permitted by applicable law, Ganz may collect Ganz-collected PI for the following reasons:
(a) To better understand you, to allow us to serve you better through enhanced products, customer service and directed Ganz promotional efforts of particular interest;
(b) To properly investigate and respond to any complaints, questions or concerns you may have about our products or services;
(c) To determine your eligibility for our promotions and contests;
(d) For the operation of our Service and/or business; and
(e) To contact you about your submissions or other Service activities.
Without limiting the generality of the forgoing, if you opt in to receive offers, promotions or other information from Ganz, your information may be used to provide you with promotional offers for Ganz products that we believe may interest you and to solicit your opinion on our products and services. We may also use your Personal Information to ensure that your contact information is accurate and up to date.
Ganz may share your Ganz-collected PI with other members of the Ganz corporate group, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified under the heading "Why Does Ganz Collect Personal Information?"
(a) To Third Parties To Perform Processing and Other Specialized Services: At times, Ganz may use outside organizations to perform specialized services such as, but not limited to, management of online contests. These service providers are only given the information needed to perform those services and we do not authorize them to use Ganz-collected PI for other than the service being provided.
(b) To Third Parties in the Event of Legal Reasons: We advise you that we may disclose Personal Information to the government or other legal or regulatory authorities (i) if so ordered by a court of law or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company's rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Service; or (e) in emergencies, such as when we believe someone's physical safety is at risk. In some cases, disclosure may be permitted or required by law to be without notice to you.
However, other than to our affiliates or as part of a Corporate Transaction, we will not share your Ganz-collected PI with third parties for their own direct marketing purposes unless you consent.
We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your Ganz-collected PI is no longer required for a specific purpose or legal requirement, we will make good faith efforts to erase it from our records, though erasure may not be complete and back up or residual data may persist. Unless otherwise required by applicable law or reasonable ongoing business necessity, our policy is not to retain Ganz-collected PI longer than seven (7) years.8. What Security Measures Does Ganz Have in Place To Safeguard Personal Information?
Ganz has implemented physical, electronic and administrative measures to help protect your information from error, loss or unauthorized access, which we believe are reasonable under the circumstances and consistent with what applicable law requires.9. Where is my Personal Information Located?
As required by applicable law, you have certain control over how we collect, use and disclose your Personal Information. Any comments, questions or changes regarding the collection, use and disclosure of your Personal Information shall be directed to Ganz Customer Service Department, as described in Section 12 below.
As required by applicable law, you may choose not to receive certain types of email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from such emails (e.g., emails not related to processing of your transactions with us) are included in each such email.
A request for a copy of the Personal Information we keep about you, depending on the laws of your country, must be made in writing (to us as described in Section 12 below) giving details with which Ganz can identify you. Information will be furnished in accordance with applicable law.
Please note that certain information is required by Ganz to process payment and fulfill any orders that you may place through a Ganz service, and if you withdraw your consent to the collection, use or disclosure of your Personal Information for these purposes, then Ganz will not be able to fulfill your orders.
If, after contacting our customer service representative, your concerns or questions have not been resolved to your satisfaction, you can contact Ganz Legal Department in writing via mail or fax:
Attention: Legal Department
One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2
Fax Number: 888-633-0343
We give you a limited, non-transferable, revocable permission to use our Service for your personal use for display and interaction via your personal Device, so long as you do not:
The Service may offer features and services that are available to you via your mobile Device. These features and services may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile Device or access Service features (collectively, "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.6) Competitions, Sweepstakes, Contests, and Promotions
Any competitions, sweepstakes, contests or other promotions (individually and collectively, a "Promotion") offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).7) Your Warranties
If anyone brings a claim against us related to your actions or use of the Service or your Submissions, you agree to defend (if we request), indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.10) Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE SERVICE AND/OR THIRD-PARTY SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE (IN WHOLE OR IN PART); (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR TO THIRD PARTIES RELATED TO THE SERVICE; OR (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE.
Attention: Legal Department
One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2
Fax Number: 888-633-0343
THIS IS NOT A CONTEST. VIDEOS SUBMITTED FOR REVIEW MAY BE ADDED TO OUR OFFICIAL SILLY SCOOPS PLAYLIST , MAY BE SPOTLIGHTED AS OUR "VIDEO OF THE WEEK", AND/OR USED TO ADVERTISE AND/OR PROMOTE SILLY SCOOPS™. NO PRIZES, ACKNOWLEDGEMENT OR OTHER CONSIDERATION WILL BE AWARDED FOR THE USE OF SUBMITTED VIDEOS.SPONSOR
Sponsor is GANZ, One Pearce Road, Woodbridge, ON, CANADA L4L 3T2 ("Sponsor").TERMS AND CONDITIONS
By submitting content (including links to videos)("Video(s)") Entrants represent and warrant that they and their submissions meet all of the following requirements:
By submitting a Video, the Entrant grants a royalty-free, irrevocable, unlimited, perpetual, worldwide, non-exclusive, transferable and sublicensable license to Sponsor and its designees, licensees and affiliates (collectively, the "Authorized Parties"), to link to, display, reproduce, distribute and create derivative works of and otherwise use and exploit the Video (including, without limitation, the depictions and recordings of persons therein and all associated rights or publicity), including without limitation in connection with the commercial promotion of Sponsor and its products and services, in any media now or hereafter known, including, but not limited to: display on social media platforms, digital and traditional advertising and product catalogs. Authorized Parties will not be required to pay any additional consideration, provide any credit or attribution to Entrant or others, or seek any additional approval in connection with the use of the Video as described herein. The Entrant further hereby waives all moral rights in and to the Video in favor of the Authorized Parties, and to the extent not waivable irrevocably agrees not to interfere with Authorized Parties exercise to the rights and releases granted herein.
Without limiting the generality of the forgoing, by participating, the Entrant forever agrees to release, discharge and hold harmless the Authorized Parties (and their respective partners, affiliates, subsidiaries, agents and their employees, officers, directors, and representatives,(individually and collectively, the "Released Parties") from any and all claims, losses, and damages arising from or in connection with the Video, the Entrant's submission of the Video, the use of the Video by the Authorized Parties as permitted by this agreement, or any other activities associated with the Video, including but not limited to claims of infringement of intellectual property or of rights of publicity.
Ganz USA LLC
140 Colony Center Drive, Suite 100
Woodstock, GA 30188
One Pearce Road
Woodbridge, ON L4L 3T2
Susan O'Halloran, Communications Manager
Ganz SHOWROOM LOCATIONS
Atlanta Gift Market - 230 Spring Street N.W., Atlanta, GA 30303 Showroom #1519
Toronto, Canada - 1 Pearce Road, Woodbridge, Ontario
World Market Centre - 455 South Grand Central Parkway, Las Vegas, Nevada 89106, Showroom C-912